holding that "[b]ecause a person currently serving a sentence that was enhanced on the basis of a prior conviction is still in custody, he may challenge the enhancing conviction as constitutionally invalid even though that prior conviction's original custodial term has expired."
Summary of this case from Dixon v. BurtNo. 94-6011.
January 17, 1995, October TERM, 1994.
C.A. 4th Cir. Certiorari denied. Reported below: 25 F. 3d 1259.
holding that "[b]ecause a person currently serving a sentence that was enhanced on the basis of a prior conviction is still in custody, he may challenge the enhancing conviction as constitutionally invalid even though that prior conviction's original custodial term has expired."
Summary of this case from Dixon v. Burtrejecting a defendant's claim that proof regarding the circumstances of the offense is not admissible at resentencing hearing and holding that such proof is necessary to provide individualized sentencing
Summary of this case from State v. Odomrejecting a defendant's claim that proof regarding the circumstances of the offense is not admissible at resentencing hearings and holding that such proof is necessary to provide individualized sentencing
Summary of this case from State v. Carterarguing at trial that extraneous offenses must be proven beyond a reasonable doubt does not preserve complaint on appeal that extraneous offense should not have been admitted because charges were dropped
Summary of this case from Sales v. Statereasoning that evidence of flight is admissible as a circumstance from which an inference of guilt may be drawn
Summary of this case from Robles v. StateFull title:NORMAN v. TAYLOR
Court:U.S.
Date published: Jan 17, 1995
The Tennessee Supreme Court has impliedly acknowledged the use of aggravated rape as an aggravating…
State v. MorrisE.g., State v. Nichols, 877 S.W.2d 722, 737 (Tenn. 1994), cert. denied, 513 U.S. 1114, 115 S.Ct. 909, 130…